Do lawyers charge a fee to store or release a Will in QLD?

When you create an important legal document —such as a Will, an Enduring Power of Attorney (EPA), or an Advance Health Directive, it is common practice for your solicitor to hold the original documents in a safe or secure digital facility (often called “deeds’ storage”).

Secure Storage Fees

Many law firms charge a nominal annual or one-off fee for this secure storage service. This fee covers the administrative costs of indexing, safe custody, and the insurance required to protect such sensitive original documents. At Bell & Senior, we maintain a secure storage safe for our clients to ensure their testamentary intentions are kept safe.

Fees Upon Death or Release

A common concern is whether a law firm will charge a large fee to “release” the Will to your family or executors after you pass away.

Generall speaking, a law firm cannot hold a Will ransom for a high fee. Provided the person requesting the Will is an entitled person (such as a named Executor or a direct family member with a right to inherit), and they provide valid identification and a death certificate, the firm should release the original document or provide certified copies as required by law.

While there may be a small administrative fee for preparing certified copies or sending the documents via registered mail, exorbitant “release fees” are uncommon and likley to conflict with the professional standards required of a lawyer.

What if I want to move my Will to another lawyer?

If you are still alive and wish to move your documents to a different law firm or take possession of them yourself, you have the right to do so. You will simply need to sign an “Authority to Release” form and provide ID. Keep in mind that once you take possession of the original Will, the responsibility to keep it safe and accessible for your executors falls entirely on you; if the original is lost or destroyed or tampered with, it can be extremely difficult and expensive for your family to prove your intentions in the court.

Related Topics

• Who has a legal right to a copy of a Will in QLD?
• What is the difference between a Will and an EPA?
• How do I make a Family Provision Claim?

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